Child endangerment laws vary from state to state in their naming (child abuse, child neglect, neglectful supervision, etc.), definitions, and penalties (misdemeanor or felony, jail or probation). But parents, guardians, and other adult caregivers with responsibility for supervising children have an obligation to protect those children from unreasonably dangerous conditions.

Situations that may constitute child endangerment include (1) leaving a child unattended in a motor vehicle; (2) serving alcohol to an underage driver; (3) driving while intoxicated with a child in the motor vehicle; (4) leaving a young child unsupervised in an unsafe place or situation; (5) unreasonable punishment resulting in bodily injury (severe spanking, burning, extended isolation, etc.); (6) hiring a babysitter, nanny, or other adult supervisor with a known history of sexual or other abuse of children; (7) leaving firearms within the reach of children; (8) exposing a child to drug transactions or manufacturing; (9) exposing a child to pornography; (10) engaging in sexual activity in view of a child; and (11) placing or allowing a child to remain in a situation that may endanger the child’s life, physical health, mental health, emotional health, morals, or development.

Child endangerment laws are usually included in a state’s penal or criminal code (statutes)—which provide for the related criminal charges—and in a state’s family code (statutes) that address the civil (non-criminal) implications of child endangerment—often in the context of divorce and child custody matters.

Except in limited circumstances, federal laws generally do not apply to child endangerment matters that take place within a single state. Such criminal matters that take place within a single state are generally handled by state or local authorities and prosecuted under state laws. But if the endangerment of a child involves conduct or materials in multiple states, or occurs on federal lands (military bases, American Indian territories) the offense may be prosecuted under federal law.

In Montana, child endangerment is addressed under the Montana Code Annotated (MCA). The state defines child endangerment as any act that creates a substantial risk of death or serious bodily harm to a child under 18 years of age. This includes situations such as leaving a child unattended in a vehicle, driving under the influence with a child in the car, and exposing a child to illegal drugs or pornography. The penalties for child endangerment can range from misdemeanors to felonies, depending on the severity of the risk or harm to the child. Child endangerment can also have civil implications, particularly in family law matters such as divorce and child custody. While most child endangerment cases are handled at the state level, federal jurisdiction may apply if the offense involves crossing state lines, occurs on federal lands, or involves federal crimes such as child pornography. An attorney can provide specific guidance on the application of these laws in individual cases.